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U.S. explores criminal charges against Snowden

A federal law enforcement official said consideration about possible criminal charges against Snowden are "under discussion.'' Meanwhile, Tom Fuentes, a former FBI assistant director who once headed the

WASHINGTON — U.S. authorities were weighing criminal prosecution strategies Monday against a former federal contractor who acknowledged disclosing information about two secret surveillance programs run by the National Security Agency.

Possible criminal charges against Edward Snowden, who fled to Hong Kong after supplying highly classified documents to reporters, are "under discussion'' at the Justice Department, a federal law enforcement official said.

The official, who was not authorized to speak publicly, said criminal charges would mark the first steps necessary to pursue the 29-year-old suspect's return to the U.S., either through extradition or other means.

Snowden took the extraordinary step Sunday of identifying himself as the source for reports in The Washington Post and The Guardian about a secret system to collect communications from the largest Internet companies in the world to monitor non-U.S. citizens abroad who are suspected in terror investigations. A separate report in The Guardian disclosed a secret court order authorizing the collections of millions of telephone records involving U.S. citizens.

In a video accompanying a Guardian report Sunday, Snowden discussed his enormous access to secret information, indicating that his disclosures were meant to inform the public of the government's vast surveillance efforts.

A survey by the Pew Research Center and The Washington Post on Monday found that a majority of Americans — 56% — believed the NSA's phone-tracking program was an acceptable way to investigate terrorism, while 41% said it was unacceptable. Americans were more evenly divided on whether the government should be able to monitor e-mail, with 52% disapproving and 45% approving.

White House spokesman Jay Carney, noting the ongoing criminal investigation, declined detailed comment on Snowden's disclosures, saying only that "leaks of sensitive, classified information that cause harm to our national security interests are a problem, a serious problem."

Information is "classified for a reason," Carney said.

Justice Department spokeswoman Nanda Chitre also declined comment Monday, referring to an earlier statement acknowledging that the federal inquiry into the unauthorized disclosures was in its "initial stages.''

Snowden, who left his job three weeks ago as a NSA contractor in Hawaii for Booz Allen Hamilton, told The Guardian that he fled to Hong Kong because it has "a strong tradition of free speech,'' despite its control by mainland China.

But Hong Kong also maintains an extradition agreement with the U.S., with a history of success.

A supporter holds a sign at a small rally in support of Edward Snowden in Manhattan's Union Square on Monday in New York City.(Photo: Mario Tama, Getty Images)

Tom Fuentes, a former FBI assistant director who once headed the bureau's international division, said that authorities essentially have two options in seeking Snowden's arrest and return to the United States: a revocation of his U.S. passport or extradition.

Both options, Fuentes said, would require U.S. authorities to first file criminal charges against the leak suspect and secure the cooperation of Hong Kong officials.

To revoke Snowden's passport, the Justice Department would have to issue a criminal complaint and present it to the State Department for purposes of voiding the suspect's passport. Notice of the revocation, meaning that the suspect would then be illegally in the country, would be sent to Hong Kong authorities who could then deport him back to the U.S.

Formal extradition remains a more traditional option, Fuentes said.

In July 2003, for example U.S. officials won the extradition of Cheng Chui Ping, who directed a multimillion-dollar human trafficking operation that moved about 3,000 illegal Chinese immigrants to the U.S.

Following her indictment, Ping — known as "Sister Ping'' — fled from New York to China. She was arrested in April 2000 by Hong Kong police who were alerted by the FBI. Though Ping fought extradition, she was eventually delivered to U.S. authorities.

Fuentes said the FBI has an extensive relationship with Hong Kong police, dating to 1966 when the bureau established a presence there.

While under British control, the law enforcement relationship with the U.S. was "one of the strongest in the world'' and he said that cooperation has largely continued.

Extradition could be complicated by, among other things, the suspect's efforts to seek asylum. Snowden said he may seek such relief from the government of Iceland. That nation's honorary consul in Hong Kong, Thorey Gardarsdottir, said any applications for asylum would have to be handled by Iceland's Ministry of the Interior.

But some U.S. lawmakers asserted that Snowden should be pursued as a criminal, regardless of his whereabouts.

"I view Mr. Snowden's actions not as one of patriotism but potentially a felony,'' Sen. Lindsey Graham, R-S.C., said Monday in a post on his Twitter account. "I hope we follow Mr. Snowden to the ends of the Earth to bring him to justice.''

Coleman reported from Hong Kong. Contributing: David Jackson in Washington, D.C., and Kim Hjelmgaard in London.